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Supreme Court Upholds First Sale Doctrine

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  • Supreme Court Upholds First Sale Doctrine

    WASHINGTON (AP)


  • #2

    It's a good decision but I don't think it would have any bearing on a MP3 case in California.  The question was not whether the first sale doctrine is still good law, but whether it applies to copyrighted materials manufactured outside of the US. 

    Comment


    • normh
      normh commented
      Editing a comment

      Zooey wrote:

      It's a good decision but I don't think it would have any bearing on a MP3 case in California.  The question was not whether the first sale doctrine is still good law, but whether it applies to copyrighted materials manufactured outside of the US. 


      In the above case the copyrighted work was manufactured in the US and then shipped to Taiwan.  The student then had his family and friends buy the books and ship them back to the US where he resold them to students in this country.

      The wording of SCOTUS was "Goods lawfully manufactured in another country."  In this case, SCOTUS considered the shipping of the books to another country to be "Lawfully" manufactured in Taiwan.  By way of contrast, an LP knock off manufactured in China is legal under that countries laws and SCOTUS has determined that "Geographical" limitations do not apply to the first sale doctrine as long as the item was legally purchased.

      The tie in with the MP3 case is that the actor (can't remember his name) legally purchased his MP3's from Itunes.  He attempted to bequeath the MP3's in a will and Apple refused to transfer the license to the MP3's.  Under the first sale doctrine, the actor has the right to bequeath his MP3's, but the content industry disagrees and is pursuing the matter.  However, by way of comparison, the actor purchased a product (MP3's) legally manufactured in this country.


  • #3

    normh wrote:

    On the darker side, it also means that you can resell your counterfeit Les Paul.

    I'm not sure I see that - in this case the first sale was not legitimate, right?  Nobody is violating copyright or trademark in the textbook case, it was an authorized copy in the first place.

    Comment


    • Caulk Rocket
      Caulk Rocket commented
      Editing a comment

      You should be able to resell anything you haven't stolen.

      IP law is a ****************ing joke.


    • normh
      normh commented
      Editing a comment

      Used2BMarkoh wrote:

      normh wrote:

      On the darker side, it also means that you can resell your counterfeit Les Paul.

      I'm not sure I see that - in this case the first sale was not legitimate, right?  Nobody is violating copyright or trademark in the textbook case, it was an authorized copy in the first place.


      Under the holding, treaty obligations are the controlling factor.  If there is no anti counterfeiting treaty with the US (i.e. China), or a product is legally manufactured in that country, the first sale is a legal sale.  The second sales doctrine (you reselling property you own) follows from the first sales doctrine.

      Add: The terms of the first sale for Wiley was that the books could not be resold outside of the Asian community. /add

      While not taking a position, this holding is a major defeat for the content and software industries.


  • #4

    Glad to see they got this one morally and ethically correct.

    One of my clients sells refurbished tractors that were originally built for the Japanese market.  The tractor OEM has been suing U.S. dealers of these refurbished tractors, partly based on copyright and trademark grounds relating to the brand name.  They're used goods.  As long as they aren't being represented as new, or represented as being sold by an OEM authorized dealer, there should be no issue.

    This should take some wind out of the sails of those lawsuits.

     


    Current global warming temperature trend: 0.05ºC per decade, plus or minus 0.1ºC (source: UN IPCC AR5) ...Yes, the error rate is higher than the estimated rate of change.

    "Anthropogenic global warming is a proposed theory whose basic mechanism is well understood, but whose magnitude is highly uncertain. The growing evidence that climate models are too sensitive to CO2 has implications for the attribution of late-20th-century warming and projections of 21st-century climate. If the recent warming hiatus is caused by natural variability, then this raises the question as to what extent the warming between 1975 and 2000 can also be explained by natural climate variability." --Dr. Judith Curry, chair of the School of Earth and Atmospheric Sciences at the Georgia Institute of Technology

    Comment


    • normh
      normh commented
      Editing a comment

      rbstern wrote:

      Glad to see they got this one morally and ethically correct.

      One of my clients sells refurbished tractors that were originally built for the Japanese market.  The tractor OEM has been suing U.S. dealers of these refurbished tractors, partly based on copyright and trademark grounds relating to the brand name.  They're used goods.  As long as they aren't being represented as new, or represented as being sold by an OEM authorized dealer, there should be no issue.

      This should take some wind out of the sails of those lawsuits.

       


      The matter in California with the Prenda copyright troll is bound to have a major impact as well.



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